Yesterday, one day before the anniversary of the Supreme Court’s DOMA ruling, we saw more steps toward marriage equality, with judges in both Indiana and Utah ruling in favor of same-sex marriage. A federal judge found Indiana’s ban on same-sex marriage to be unconstitutional, while a federal court of appeals in Utah upheld a previous ruling that the state’s ban on same-sex marriage was unconstitutional. While both of these rulings represent a continued trend toward marriage equality (all federal district courts have ruled the same way on the subject) and are cause to celebrate, Florida still does not recognize same-sex marriage. This stance makes it of particular importance for same-sex couples to prepare and create a comprehensive estate plan to make sure that their partners are taken care of and afforded all the possible rights under the law.

The estate of any resident who dies in the state without a last will and testament will be distributed according to Florida intestacy laws. While this is never the ideal way to distribute estate property, it is particularly troublesome for same-sex couples. Florida law says that the estate goes first to the surviving spouse. Since Florida does not recognize same-sex marriage, the estate would go to family members instead of your partner. Having a will can assure that your assets go to your partner as you say, rather than to who the state says.

A trust based estate plan is always a favorable option, given its control flexibility, creditor protection, and ability to avoid probate. Trusts may be even more important to same sex couples in that they are private documents and they do not have to go in front of a judge (given the state’s stance on same-sex issues, avoiding the court as much as possible is ideal.) Not only does a trust based estate plan assure that your partner receives his portion of your estate just as with a will, it gives you more control over who gets your assets than just the first disposition. With a trust, you can give everything to your partner, and then control where it goes after that. Sadly, we’ve seen cases where family has not been accepting of the relationship. With a trust, you can make sure that instead of your assets going to a relative you are not close with, it can go to close friends, other family, or even the charity of your choice. A trust will also make sure that the assets your beneficiaries receive are protected from creditors.

Another pressing issue for same-sex estate planning in Florida is guardianship. Since 2010, same-sex couples are now able to adopt children in Florida. All couples in the state with minor children should designate in their will or in a guardianship form filed with the state who the child’s guardian should be. Absent a guardian designation, the courts would determine who the child’s guardian will be. Don’t leave such an important decision up to anyone but you and your partner; make sure your estate plan names a guardian if you have a minor child.

Finally, you should be sure to designate a healthcare surrogate and power of attorney to make medical and financial decisions for you in the event of incapacitation. To assure that your medical surrogate can make the most informed decisions regarding your health, you should also sign a HIPAA release form that allows your partner (or whoever your surrogate is) to see your medical records.

As more and more states recognize same sex marriage, we hope that Florida soon follows suit. Until then, make sure that you have a proper estate plan in place from a firm that works with same-sex planning.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?SM

Spain, the winner’s of the last world cup, saw their dreams of repeating the feat die on Wednesday with a 2-0 loss to Chile. With their second consecutive loss they have been mathematically eliminated from the tournament; the defending champions weren’t even able to make it to the knockout rounds/playoffs.

We will all eventually suffer the same fate, no one makes it through life alive and there will always be an end. When that end does come it is likely that all of the material things that survived you will have to go through a process in Florida known as probate. This process can be stressful, complicated, and an overall burden on your loved ones. Probate is the process by which the court system determines a personal representative which is then responsible for distributing the assets of the estate. Personal Representatives are put in charge of paying any taxes on the estate, paying creditors, and paying the beneficiaries.

Let us handle all the stress associated with probate and guide you through the delicate process of probating your loved one’s estate. Our attorney’s experience in these matters will give you the peace of mind you need and deserve.

Find the right attorney to manage and avoid the pitfalls and problems associated with probate! For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?SM

As summer wedding season kicks into full swing, now is the perfect time to look at how your estate plan affects your spouse. Whether you’re about to get married, are just married, have been married for years, or are (hopefully not) recently or in the process of a divorce, proper estate planning is a necessity in your life. So before you tie the knot under the South Florida sun, take a moment to look ahead and think what would happen to your spouse

If you die without a will, Florida intestacy laws dictate that the surviving spouse gets at least one half, and up to the full estate, depending on whether there are kids from prior marriages. This is good news if you are unfortunate enough to pass away without an estate plan while happily married; it is considerably worse news if you pass away while in the process of a divorce. What happens if you pass away en route to the wedding and you have not updated your estate plan? Your significant other may have been only thirty minutes away from being your spouse, but would get nothing from your estate in the eyes of the law. Timing and continuing to update your estate plan are crucial when dealing with the issue of marriage.

A will can be used to make sure that your spouse is taken care of by your estate, but a trust will give you more control over the distribution of your assets after you’re gone. For example, you leave everything to your spouse in your will. However, she remarries years later and dies without an estate plan. Depending on the child situation, the new spouse may inherit all of what was once your money. A trust can be used to make sure your spouse is provided for during his or her life, while making sure that your assets stay in your family after the spouse passes away.

In addition to protecting your assets, other estate planning should be done to prepare for different marriage situations. Such planning includes purchasing life insurance to deal with tax and liquidity issues, a power of attorney and designating a healthcare surrogate to make important decisions should you become incapacitated, and a HIPAA release so that your spouse can view medical records should the need arise. Furthermore, you should check the beneficiary forms on any retirement accounts and make sure they are all up to date; the beneficiary form will trump a counter-statement in a will or trust.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected? SM

Mother’s day, some say it’s the best day of the year to show our mothers how much we love them, others say everyday should be mother’s day, Hallmark calls it a payday. Regardless of your feelings on the “Holiday” don’t we all feel the need to take care of those who took care of us? So for this mother’s day get the one you love a gift that will last forever and more. Estate planning offers methods to protect yourself and those you love for the long term

1.   Living Trust – the best way to maintain control over all of your assets and distributions, while avoiding the hassle, expense, and lack of privacy associated with probate.

 2.  Assignment of Trust – this is exactly that, assigning your property to your trust. In other words, placing your property into the trust. This includes both real & personal property. A trust does not do anything for you if there is no property in it.

 3.  Last Will & Testament – this is your traditional will that is used upon death to distribute property to beneficiaries, specify last wishes, and name guardians for minor children.

 4.  Durable Power of Attorney – this allows you to designate and authorize someone to legally act on your behalf, in the event that you become incapacitated.

 5.  Combination Living Will & Designation of Healthcare Surrogate – this outlines important healthcare decisions in advance, and appoints a healthcare surrogate to make healthcare decisions for you when you become unable to do so yourself.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?SM

If the bloody water, locusts, pesky frogs, and blackout darkness had failed to convince Pharaoh that it was time to release the Israelite slaves, we are pretty sure the 11th plague, probate, would have had Pharaoh hosting a go-away party with swag bags full of matzo.

Probate is the process of administering an estate, and validating a will. Sounds harmless? Well, it has many features in which you may recall from Exodus 12:

1. Water into blood – probate can take a perfectly simple distribution of assets, and transform it into a substance that renders the estate worthless; as months of attorney and court fees drain the estate of its resources.
2. Frogs – you thought frogs were pesky little creatures? They’ve got nothing on the claims of contesting beneficiaries and third parties. The process of probate provides a broad opportunity for creditors and other third parties to claim an interest in the decedent’s property. This prolongs the process, and increases the costs of administration.
3. Lice – You can’t quite see them, but each itch is a constant reminder that they are there, and you’ve got to scratch. This is much like probate procedures. From one moment to the next, you are having to deal with a different notice (scratch), filing (scratch), hearing (scratch), etc. (scratch, scratch, itch, itch).
4. Flies – A day of swarming flies is much like a year of probate; at the end of it, you are so bitten up and exhausted with swatting, that even when it stops, you have a long recovery period to look forward to.
5. Dying Livestock – you’ve got valuable livestock keeling over left and right, just like you would have estate assets dropping in value during the probate period. Through this administrative process, that cash cow might not be managed correctly. If you had, however, put it in a trust, with a trustee managing it, you would cashing in – not dropping out.
6. Boils – we know a couple of things about boils: (1) painful, & (2) ugly. Yes, that pretty much sums up probate.
7. Storms of Fire – Hail and fire destroys everything in its path.  A couple years of dealing with the stress of determining the appropriate distribution between family members has the same effect, often leaving family dynamics in a heavily damaged state of affairs.
8. Locusts – Pharaoh tried to negotiate when it came to the 8th plague, saying that all of the men could leave, but not the women and children. We know that did not work out so well for foolish-Pharaoh. This big-fat-fail is a common feature of negotiations regarding property distributions during probate administration.
9. Darkness – probate effectively prolongs the time that families have deal with the darkness associated with the loss of a loved one, as it can last for years, and serve as a daily stressor to grieving family members.
10. Death of First-Born – before this final plague, God instructed Moses to mark lamb’s blood over the doorposts as a protection from the “smite” of the plague. A trust based estate plan is much like this protecting method that spared the people from the “destroyer.” Such a plan incorporates a pour-over will and trust into your estate plan.  A will coupled with a trust effectively bypasses probate. The pour-over will takes all of the property that passes through the will, and funnels it into the trust. The property is then distributed to the trust beneficiaries pursuant to the terms of the trust.  This effectively removes all of the property from the Last Will & Testament, thereby leaving nothing to be administered through probate.

In the spirit of passover, don’t be a foolish-Pharoah; plan ahead, and avoid probate! For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?SM

The lucky Power Ball winner claimed his prize on April Fool’s day however his price of $425 Million was no joke. Apparently the idea of being a millionaire has not affected his judgment, he kept his big win a secret until he had his financial and legal plan in place. Now that he has come forward to claim his prize it is important for him that his identity remains a secret from the public.

But why should we all wait for a strike of luck to plan ahead? There are plans you can set in place to ensure that you maintain control in the event of life’s unexpected surprises. An estate plan can give you piece of mind even if you can’t predict when your lucky stars will align in your favor. Whether your priorities are privacy or protection of your loved ones, with the right attorney you can ensure that your plans live on.

By utilizing estate-planning techniques, you can protect yourself and your family from unnecessary hassles, while safeguarding your current  assets and any other asset your lucky stars  brings your way.

It’s a Wild world. Are you protected?SM

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.